Law Commons^™

Behavioral Advertising: The Cryptic Hunter And Gatherer Of The Internet, Joanna Penn

Federal Communications Law Journal

In an era where three out of every four Americans have Internet access, the term "surfing" has transformed from riding waves into running the risk of having private information gathered, stored, and disseminated-all without the user's knowledge or permission. This new found online practice, known as "behavioral advertising," is a veritable goldmine for those companies that know the game. But will the FTC or Congress soon make new rules concerning how to play? This Note begins by explaining the differences between behavioral targeting and retargeting and the techniques that the two methods use to collect data. This Note then explores …

Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth

Federal Communications Law Journal

In a remarkably short time, Google, Inc. has grown from two people working in a rented garage to a pervasive Internet force. Much of Google's unprecedented success stems from online advertising sales which employ behavioral advertising techniques-techniques that track consumer behavior--thereby increasing relevance and decreasing the cost of reaching a targeted audience. In the same span that saw Google's inception and explosive online dominance, the Federal Trade Commission has struggled to define not only the privacy issues involved in online behavioral advertising, but also the practice of behavioral advertising itself. Freed from the restraints of comprehensive federal laws and restrictive …

Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain

Federal Communications Law Journal

In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …

Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder

Federal Communications Law Journal

In April 1998, the FTC released a consumer alert pertaining to the increasing problem of online auction fraud. As the number of online auction participants increased, online auction fraud was becoming more prevalent. The FTC requested comments regarding methods that would be appropriate for curbing the increase in consumer deception. Many in the online auction industry proposed voluntary self-regulation. This Note exposes the inadequacy of industry self-regulation by analogizing online auction abuse with the misuse and near downfall of the 900-number industry. This Note proposes that only a regime of strict industry guidelines that the FTC initiates will halt online …

Up In Smoke: The Ftc's Refusal To Apply The "Unfairness Doctrine" To Camel Cigarette Advertising, John Harrington

Federal Communications Law Journal

RJR Nabisco's cigarette advertising icon "Joe Camel" has become one of the most-recognized marketing mascots in America. Unfortunately, the debonair cartoon character attracts recognition, and cigarette buyers, among children. The huge popularity of the advertising campaign among an arguably inappropriate market prompted action by both legislators and the Federal Trade Commission. However, 1990 legislation did not pass the committee stage, and the FTC ended its investigation of the questionable effect the advertising had on children in 1994.

Although the FTC chose not to limit or ban RJR Nabisco's use of Old Joe, this Note contends that regulation was within the …

Effective Guidance Through Cease And Desist Orders: The T-V Commercial

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Interstate Dissemination Of Advertising: Jurisdiction Which Must Be Earned

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement